80 FR 44262 - Substantial Product Hazard List: Extension Cords

CONSUMER PRODUCT SAFETY COMMISSION

Federal Register Volume 80, Issue 143 (July 27, 2015)

The Consumer Product Safety Commission (``CPSC'' or ``Commission'') is issuing a final rule to specify that extension cords (both indoor and outdoor use extension cords) that do not contain one or more of five applicable readily observable characteristics set forth in the rule, as addressed in a voluntary standard, are deemed a substantial product hazard under the Consumer Product Safety Act (``CPSA'').

[Federal Register Volume 80, Number 143 (Monday, July 27, 2015)]
[Rules and Regulations]
[Pages 44262-44269]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-18294]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1120

[CPSC Docket No. CPSC-2015-0003]


Substantial Product Hazard List: Extension Cords

AGENCY: Consumer Product Safety Commission.

ACTION: Final rule.

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SUMMARY: The Consumer Product Safety Commission (``CPSC'' or 
``Commission'') is issuing a final rule to specify that extension cords 
(both indoor and outdoor use extension cords) that do not contain one 
or more of five applicable readily observable characteristics set forth 
in the rule, as addressed in a voluntary standard, are deemed a 
substantial product hazard under the Consumer Product Safety Act 
(``CPSA'').

DATES: Effective Date: The rule takes effect on August 26, 2015. The 
incorporation by reference of the publication listed in this rule is 
approved by the Director of the Federal Register as of August 26, 2015.

FOR FURTHER INFORMATION CONTACT: Mary Kroh, Office of Compliance and 
Field Operations, Consumer Product Safety Commission, 4330 East West 
Highway, Bethesda, MD 20814; telephone: 301-504-7886; [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background and Statutory Authority

A. Statutory Authority

    Section 223 of the Consumer Product Safety Improvement Act of 2008 
(``CPSIA''), amended section 15 of the CPSA, 15 U.S.C. 2064, to add a 
new subsection (j). Section 15(j) of the CPSA provides the Commission 
with the authority to specify, by rule, for any consumer product or 
class of consumer products, characteristics whose existence or absence 
are deemed a substantial product hazard under section 15(a)(2) of the 
CPSA. Section 15(a)(2) of the CPSA defines a ``substantial product 
hazard,'' in relevant part, as a product defect which (because of the 
pattern of defect, the number of defective products distributed in 
commerce, the severity of the risk, or otherwise) creates a substantial 
risk of injury to the public. A rule under section 15(j) of the CPSA (a 
``15(j) rule'') is not a consumer product safety rule that imposes 
performance or labeling requirements for newly manufactured products. 
Rather, a 15(j) rule is a Commission determination of a product defect, 
based upon noncompliance with specific product characteristics that are 
addressed in an effective voluntary standard. For the Commission to 
issue a 15(j) rule, the product characteristics involved must be 
``readily observable'' and have been addressed by a voluntary standard. 
Moreover, the voluntary standard must be effective in reducing the risk 
of injury associated with the consumer products, and there must be 
substantial compliance with the voluntary standard.

B. Background

    On February 3, 2015, the Commission issued a notice of proposed 
rulemaking (``NPR'') in the Federal Register to amend the substantial 
product hazard list in 16 CFR part 1120 (``part 1120'') to add 
extension cords that lack certain readily observable safety 
characteristics addressed by a voluntary standard because such products 
pose a risk of electrical shock or fire. 80 FR 5701. The comment period 
on the proposed rule closed on April 20, 2015. As detailed in section 
II of this preamble, the Commission received four comments on the 
proposed rule, covering three issues.
    The Commission is now issuing a final rule to amend part 1120 by 
adding four readily observable characteristics that apply to all 
general-use extension cords (indoor and outdoor extension cords, 
including indoor seasonal extension cords):
    (1) Minimum wire size;
    (2) sufficient strain relief;
    (3) proper polarity; and
    (4) proper continuity.
    Additionally, the final rule includes one characteristic, outlet 
covers, that applies to 2-wire indoor extension cords, and one 
characteristic, jacketed cord, that applies to outdoor extension cords. 
Accordingly, as of the effective date of this rule, extension cords 
within the scope of the rule that do not conform to all five applicable 
characteristics described in the voluntary standard, Underwriters 
Laboratories (``UL''), Standard for Cord Sets and Power-Supply Cords, 
UL 817, 11th Edition, dated March 16, 2001, as revised through February 
3, 2014 (``UL 817'') will constitute a substantial product hazard.\1\ 
Nonconforming extension cords are deemed to create a substantial 
product hazard under section 15(a)(2) of the CPSA because such products 
pose a risk of electrical shock or fire.
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    \1\ The UL mark and logo are trademarks of Underwriters 
Laboratories, Inc.
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    The Commission is finalizing the rule with two minor clarifications 
as recommended by CPSC staff. First, the

[[Page 44263]]

final rule deletes an erroneous citation to section 31 of UL 817 in 
Sec.  1120.3(d)(1), the requirements for minimum wire size. Section 31 
of UL 817 states requirements for attachment plugs, which are not 
related to minimum wire size, and thus should not be referenced in the 
section of the rule concerning minimum wire size. Second, the term 
``jacketed insulated cord'' is replaced with ``jacketed cord'' in Sec.  
1120.3(d)(6) of the final rule and in this preamble, when describing a 
readily observable characteristic for outdoor extension cords. This 
change is not intended to change the scope of the rule or the 
requirements, but to clarify the characteristics of UL 817 being 
incorporated by reference. As explained more fully in response to 
comment 3 in section II of the preamble, the NPR proposed (and the 
final rule would require) jacketing--not insulation--as a readily 
observable characteristic of outdoor extension cords.

C. Extension Cords

    The final rule uses the phrase ``extension cords'' to identify the 
products that are within the scope of the rule. The Commission received 
no comments on the definition of ``extension cords'' described in the 
NPR; accordingly, the final rule will continue to define an ``extension 
cord'' (also known as a cord set), consistent with the description of 
products subject to UL 817, as a length of factory-assembled flexible 
cord with an attachment plug or current tap as a line fitting and with 
a cord connector as a load fitting. Extension cords are used for 
extending a branch circuit supply of an electrical outlet to the power-
supply cord of a portable appliance, in accordance with the National 
Electrical Code.[supreg] The final rule applies to extension cords that 
are equipped with National Electrical Manufacturer Association 
(``NEMA'') 1-15, 5-15 and 5-20 fittings, and that are intended for 
indoor use only, or for both indoor and outdoor use. We refer to cords 
intended for indoor use only as ``indoor cords'' and to cords intended 
for both indoor and outdoor use as ``outdoor cords.'' The term 
``extension cord'' does not include detachable power supply cords, 
appliance cords, power strips and taps, and adaptor cords supplied with 
outdoor tools and yard equipment.
    All products within the scope of the final rule are covered by UL 
817. Table 1 provides a non-exhaustive list of examples of extension 
cords that fall within and outside the scope of the final rule. Not 
included in this rule are detachable power supply and appliance cords 
and adaptor cords supplied with outdoor tools and yard equipment 
because these cords are specific-purpose, rather than general-use 
cords. The products that are outside the scope of the final rule are 
not subject to UL 817, or they do not present the same risks of injury.

 Table 1--Extension Cords: Products Within and Outside the Scope of the
                               Final Rule
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In Scope: Household extension cords, factory-assembled, 120 volts AC,
 including:
     Indoor or general-use cord sets, including seasonal indoor
     cord sets.
     Outdoor cord sets.
Out of Scope:
     Detachable power cords, either with appliance or other
     nonstandard plugs (e.g., accompanying electronic or other
     electrically powered items), or with fittings of different
     configurations (e.g., a clothes washer replacement cord with a plug
     at one end and individual wire terminals at the other end).
     Unassembled components, such as flexible cord or fittings,
     which may be assembled into extension cords or installed in
     permanent branch circuit wiring systems.
     Cord sets intended for use with non-branch-circuit
     household current, i.e., greater or less than nominal 120 volts AC
     (e.g., for use with 220 volt appliances, or for 15-50 ampere/125-
     250-volt recreational vehicles).
     Power strips, power taps, and surge protectors.
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D. Applicable Voluntary Standard

    The current voluntary standard applicable to extension cords is UL 
817-2014. UL has updated UL 817 over the years to address various 
safety issues to make extension cords safer, see Staff's Draft Proposed 
Rule to Add Extension Cords to the Substantial Product Hazard List in 
16 CFR part 1120, January 21, 2015 (``Staff NPR Briefing Package'') Tab 
B, Extension Cords: Abbreviated History and the Associated UL 
Standards. The Staff's NPR Briefing Package is available on the CPSC's 
Web site at: http://www.cpsc.gov/Global/Newsroom/FOIA/CommissionBriefingPackages/2015/Proposed-Rule-to-Amend-Substantia-Product-Hazard-List-to-Include-Extension-Cords.pdf.
    Many of the safety requirements for extension cords predate the 
existence of the CPSC. For example, CPSC staff believes that UL 
incorporated requirements for polarized (and grounded) plugs and 
receptacles on cord sets around 1962. A search by CPSC staff found that 
grounded plugs were developed as early as 1911, and polarized plugs 
became available in 1914. The National Electrical Code (``NEC'') 
adopted requirements for polarized electrical outlets in 1948 and for 
grounded 120-volt receptacles in 1962. Since 1987, UL 817 has addressed 
the identified, readily observable characteristics that are included in 
the rule (minimum wire size, sufficient strain relief, proper 
polarization, proper continuity, outlet covers for indoor cords, and 
jacketed cords for outdoor extension cords).
    Table 2, which also appeared in the NPR at 80 FR 5703, summarizes 
the required readily observable characteristics in UL 817 associated 
with all extension cords, as well as specific requirements for indoor- 
and outdoor-use extension cords. The Commission received no comments on 
these requirements for extension cords and no comments on Table 2. 
Thus, Table 2 remains an accurate summary of the provisions of UL 817 
that are being incorporated by reference into the final rule.

[[Page 44264]]



                                             Table 2--Readily Observable Characteristics for Extension Cords
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                                                                              Readily observable characteristics
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    General extension cord usage        Minimum wire size       Sufficient strain
                                              (AWG)                  relief           Proper polarization     Proper continuity      Protective feature
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Indoor.............................  16AWG, or 17/18AWG      18AWG or larger must    Cord fittings must be  Plug and outlet        Outlet covers must be
UL 817.............................   with integral           withstand 30 pound      polarized (NEMA1-15)   terminals must be      provided on unused
Section 20.........................   overcurrent             force.                  or have a grounding    connected in           outlets on 2-wire
                                      protection.            UL 817 Section 84.....   pin (NEMA5-15).        identical              parallel UL 817
                                     UL 817 Sections 2.10,                           UL 817 Sections 9, 19   configuration (i.e.,   Section 26.7.
                                      21.                                                                    Hot-to-Hot, likewise
                                                                                                             for Neutral and
                                                                                                             Ground).
                                                                                                            UL 817 Sections 16,
                                                                                                             105.
Outdoor............................  SAME..................  SAME..................  SAME.................  SAME.................  Jacketed flexible
UL 817.............................  UL 817 Section 2.13,                            UL 817 Sections 31,                            cord
Section 30.........................   30.                                             32.                                          UL 817 Section 30.
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E. Risk of Injury

1. Electrocution and Fire Hazards
    The preamble to the NPR explained that consumers can be seriously 
injured or killed by electrical shocks or fires if extension cord 
products are not constructed properly. 80 FR at 5703-04. To reduce the 
risk of injury caused by fires or electrical shocks, the final rule 
requires that all extension cords covered by UL 817 comply with 
requirements for minimum wire size, sufficient strain relief, proper 
polarization, and proper continuity.
     Wire size. Conforming to the minimum wire size requirement 
in UL 817 supports a product's electrical load to avoid the hazard of 
fire and electrical shock. When an extension cord does not contain the 
correct wire size for the load, the cord becomes hot and the insulation 
is degraded. Damaged insulation can fail by sagging, melting, or 
hardening and breaking apart, which can expose the energized wire 
inside the extension cord. Exposed energized wires present a risk of 
fire and electrical shock. Additionally, conforming to the minimum wire 
size requirement contributes to the necessary mechanical strength to 
endure handling and other forces imposed on an extension cord during 
expected use of the product.
     Strain relief. Conforming to the strain relief requirement 
in UL 817 helps to ensure that use of extension cords, including 
pulling and twisting the cords, does not cause mechanical damage to the 
connections and prevents separation of wires from their terminal 
connections during handling (e.g., being pulled, twisted). Damaged 
connections, such as broken strands of copper wiring inside the 
insulated wiring, could cause overheating (leading to a fire) or 
separation of wires from their terminal connections, which could expose 
bare energized conductors (leading to electrical shock and fire).
     Proper polarity. An extension cord that conforms to the 
proper polarity requirements in UL 817 minimizes the risk of accidental 
contact with an energized conductor. Polarization clearly identifies 
the energized wire in the cord set and maintains, in conjunction with 
other construction requirements, the same orientation as the receptacle 
of the branch circuit for the products, such as lighting, appliances, 
and other equipment plugged into the extension cord. For example, a 
product that employs a power switch that must be located in the 
energized side of the power supply circuit will be supplied in the 
proper orientation, thus reducing the risk of electrical shock.
     Proper Continuity. An extension cord that conforms to 
continuity requirements in UL 817 provides a continuous conductive path 
from line to load fitting so that the cord can serve its intended 
function. For each terminal in the plug fitting, a corresponding 
conductor must be attached to the corresponding terminal in the load 
fitting. For example, a cord attached to a plug with a grounding pin 
must have a grounding conductor. Each wire in the cord also must be 
connected properly on each end so that, for example, the grounding pin 
of the plug on a three-wire cord is connected to the grounding socket 
on the outlet, and the energized blade on the plug is not wired to the 
non-energized receptacle on the outlet. Proper continuity from end to 
end reduces the risk of both fire and electrical shock.
    Indoor (2-wire) and outdoor extension cords each have one 
additional safety requirement that is also readily observable and 
reduces the risk of injury.
     Outlet covers. Indoor 2-wire parallel extension cords with 
polarized parallel-blade and -slot fittings must contain outlet covers. 
Outlet covers reduce the risk of injury to children, in particular, by 
minimizing the opportunity for a child to probe plugs with small 
objects or chew on the exposed receptacle surfaces, which can lead to 
hand or mouth burns and electrical shock.
     Jacketed cords. Outdoor extension cords must have jacketed 
cords. A jacketed cord protects the individual insulated conductors 
from damage when exposed to weather and other conditions associated 
with outdoor use. An unjacketed extension cord used outdoors is 
susceptible to damage that can lead to exposed conductors, and thus, 
present a risk of shock and fire.
2. Incident Data
    For the NPR, CPSC staff searched extension cord incident data 
reported between 1980 and May 2014 from CPSC's Injury or Potential 
Injury Database (``IPII'') for both fatal and nonfatal incidents; staff 
searched the Death Certificate Database (``DTHS'') for fatal incidents. 
Staff limited the scope of the incidents under consideration to 
incidents involving fire, burn, and shock hazards. CPSC staff has 
updated this data, and found that a total of 765 fatal incidents, 1,128 
deaths, and 4,760 nonfatal incidents involving extension cords were in-
scope, and occurred between 1980 and 2013.\2\ 80 FR at 5704.
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    \2\ Staff has updated incident data to include retailer reports.
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    For the final rule, staff also searched IPII and DTHS for in-scope 
incidents reported from January 2014 through April of 2015. CPSC staff 
found an additional 21 in-scope fatal incidents that occurred in 2014 
(involving 25 deaths) and two fatal incidents (two deaths) in 2015. 
CPSC staff found an additional 83 nonfatal extension cord

[[Page 44265]]

incidents that occurred in 2014, and staff found 11 nonfatal incidents 
that occurred in 2015. See Tab E, Staff Briefing Package: Final Rule to 
Amend 16 CFR part 1120 to Add Extension Cords, dated July 15, 2015 
(``Staff's Final Rule Briefing Package''), available at: http://www.cpsc.gov/Global/Newsroom/FOIA/CommissionBriefingPackages/2015/FinalRuletoAmendSubstantialProductHazardListtoIncludeExtensionCords.pdf.

    Table 3 shows the annual average number of reported incidents 
associated with extension cords for five different periods for fatal 
incidents, deaths, and nonfatal incidents. The table presents data for 
the 35-year period, divided into five 7-year periods. Reporting may not 
be complete for the most recent period because sometimes CPSC receives 
reports of incidents years after the incidents have occurred. Table 3 
shows a steady decline in the number of reported extension cord fire, 
burn, and shock fatal incidents, deaths, and nonfatal incidents in CPSC 
databases since the 1980s.

 Table 3--Extension Cord Annual Average of Reported Fatal Incidents, Deaths, and Non-Fatal Incidents From 1980-
                                                      2014
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                                                                       Fatal                         Non-fatal
                              Years                                  incidents        Deaths         incidents
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1980-1986.......................................................            32.7            47.7           201.0
1987-1993.......................................................            27.7            46.6           179.3
1994-2000.......................................................            23.6            31.1           131.6
2001-2007.......................................................            15.9            21.7           114.3
2008-2014.......................................................            12.4            17.6            65.7
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F. Compliance Efforts to Address the Hazard

    As noted in the preamble to the NPR, the Office of Compliance sent 
a letter dated January 9, 2015 to manufacturers, importers, 
distributors, and retailers of extension cords, informing them that the 
Office of Compliance considers products that do not conform to the UL 
817 requirements for the five applicable readily observable 
characteristics to be defective and to present a substantial product 
hazard. 80 FR at 5704-05. In numerous instances over a period of 20 
years, CPSC staff has considered the absence of one or more of the 
identified readily observable characteristics (minimum wire size, 
sufficient strain relief, proper polarization, proper continuity, 
outlet covers for 2-wire indoor cords, and jacketed cords for outdoor 
extension cords) to present a substantial product hazard and has sought 
appropriate corrective action to prevent injury to the public. Since 
August 2014, however, no additional recalls or import stoppages of 
extension cords have occurred.

II. Summary of Comments on the Proposed Rule and CPSC's Responses

    The Commission received four comments, comprising three issues, in 
response to the NPR. No commenters opposed the rule. One comment was 
received from an industry association and three comments were from 
consumers. The industry association expressed general support for the 
proposed rule and suggested an additional readily observable 
characteristic of extension cords. The consumer commenters were also 
generally supportive of the NPR. As explained in response to comment 3, 
the Commission made one minor clarification to the final rule based on 
the comments received. Below are summaries of the comments and the 
Commission's responses:
    Comment 1: One commenter suggested an additional ``readily 
observable'' characteristic of extension cords, a visual check and test 
using a magnet, to ensure that the wire strands in extension cords are 
made of copper instead of steel.
    Response 1: UL 817, by reference to UL 62, Standard for Safety for 
Flexible Cords and Cables, requires that extension cords be made of 
annealed copper wire strands. For example, neither aluminum nor steel 
is an acceptable material for wire used in extension cords under UL 
817. Magnets are not attracted to copper or aluminum, but are attracted 
to steel. Thus, the commenter is suggesting that CPSC use a magnet to 
test for noncompliant steel wire. Although a magnet can detect steel, 
it cannot detect other noncompliant wire materials, such as aluminum. 
Accordingly, the Commission disagrees with the commenter's suggestion 
because magnets cannot be used to detect the required copper wire 
strands, nor can magnets be used to detect all other noncompliant 
materials. A resistance measurement could distinguish whether a 
conductor is made of copper, but the high-precision equipment required 
for a sufficiently accurate measurement is costly, and use of it may 
not be ``readily observable.''
    Regardless of the rule, if CPSC staff finds that the extension 
cord's construction is noncompliant with the voluntary standard, staff 
can collect samples of such products and conduct a preliminary 
determination of whether the product presents a substantial product 
hazard. If such product does present a substantial product hazard, CPSC 
can take action to remove the products from the market.
    Comment 2: Two commenters asked whether an extension cord must 
include all of the readily observable characteristics outlined in the 
proposed rule, or just one characteristic.
    Response 2: Four of the six observable characteristics apply to all 
general-use extension cords (indoor and outdoor extension cords, 
including indoor seasonal extension cords): (1) Minimum wire size; (2) 
sufficient strain relief; (3) proper polarity; and (4) proper 
continuity. All four characteristics must be present for the product 
not to present a substantial product hazard. Additionally, one 
characteristic (outlet covers) applies to 2-wire indoor extension 
cords, and one characteristic (jacketed cord) applies to outdoor 
extension cords. Thus, 2-wire indoor and all outdoor extension cords 
would each be required to exhibit five readily observable 
characteristics described in UL 817. If one or more applicable 
characteristics are missing, the product presents a substantial product 
hazard under section 15(a)(2) of the CPSA.
    Comment 3: One commenter believed that UL 817 only requires an 
outdoor two-conductor extension cord to have flexible insulation on 
each conductor and does not require a jacket over the conductors.
    Response 3: Section 30.1 of UL 817 specifies the types of flexible 
cords that may be used to construct outdoor extension cords. All of the 
cords specified in section 30.1 of UL 817 require a jacketed layer 
covering the

[[Page 44266]]

conductors.\3\ A ``jacket'' is a layer of flexible plastic or rubber 
intended to prevent the individual insulated conductors inside the cord 
from being exposed to the environment, and to prevent mechanical damage 
to the conductors.
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    \3\ Wire and Cable Marking and Application Guide, January 2014, 
Regulatory Services Department, UL, Northbrook, IL.
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    The commenter may misunderstand an additional requirement stated in 
section 30.1a: ``A 2-wire type of outdoor-use cord set shall contain 
two insulated circuit conductors.'' This requirement for the individual 
conductors in an extension cord to be insulated does not eliminate the 
primary requirement for a jacket to cover the conductors on extension 
cords for outdoor use.
    In the NPR, the Commission described the requirement for a jacketed 
cord as a ``jacketed insulated cord.'' This designation may be 
confusing, because readers may conflate the two different requirements 
stated in section 30 of UL 817, one for a jacketed cord, and the other 
for insulated conductors inside the cord jacket. The NPR proposed to 
require a jacketed cord, not insulated conductors, as a readily 
observable characteristic of outdoor extension cords. Accordingly, the 
Commission has replaced the term ``jacketed insulated cord'' throughout 
the preamble and in the regulation text at Sec.  1120.3(d)(6) to 
``jacketed cord'' to clarify that the rule only applies to the jacket 
requirement in section 30 of UL 817 for outdoor-use extension cords.

III. Information Supporting Substantial Product Hazard Determination

A. Defined Characteristics Are Readily Observable and Addressed by UL 
817

    Sections 2, 9, 16, 19, 20, 21, 26, 30, 31, 32, 84, and 105 of UL 
817 set forth the requirements for the readily observable 
characteristics specified in the final rule: minimum wire size, 
sufficient strain relief, proper polarization, proper continuity, 
outlet covers for 2-wire indoor cords, and jacketed cords for outdoor 
extension cords. Table 2 in section I.D of this preamble summarizes the 
technical requirements for the five applicable readily observable 
characteristics in UL 817. The final rule deems the absence of any one 
of these applicable characteristics to be a substantial product hazard 
under section 15(a)(2) of the CPSA. The preamble to the NPR set forth 
information to support a finding that minimum wire size, sufficient 
strain relief, proper polarization, proper continuity, outlet covers 
for 2-wire indoor cords, and jacketed cords for outdoor extension 
cords, are readily observable characteristics from UL 817. See 80 FR 
5705-08. We summarize that information here.
1. Minimum Wire Size
    Section 2 of UL 817 requires that a ``general-use cord set'' be 
made using flexible cord, as described in Table 20.1, with conductors 
sized 18, 17, 16, 14, 12, or 10 AWG terminated in a plug and outlet. 
Extension cords using flexible cord with conductors sized 18 or 17 AWG 
also require overcurrent protection. Minimum wire size, as required in 
section 2 of UL 817, is a readily observable characteristic of 
extension cords that can be observed visually by taking a measurement 
of the product's bare wires. 80 FR at 5705.
2. Sufficient Strain Relief
    Section 84 of UL 817 describes the strain relief test required for 
all extension cords. Section 84.2.1 specifies that cords with 18AWG or 
larger conductors must withstand a 30-pound pull force on the 
connection between the fitting and the cord. Section 84.2.2 of UL 817 
specifies that a weight must be steadily suspended from the cord for 1 
minute so that the cord is pulled directly from the fitting without the 
cord pulling loose or stretching from the plug/load fitting. Sufficient 
strain relief, as required in section 84 of UL 588, is a readily 
observable characteristic of extension cords that can be determined by 
suspending a 30-lb. weight from the plug and load fittings and 
observing for conformance with section 84.2 of UL 817. 80 FR at 5705-
06.
3. Proper Polarization
    Section 19 of UL 817 requires that all two-wire extension cords 
must have polarized fittings. Sections 31 and 32 of UL 817 require that 
all two-conductor outdoor extension cords must have polarized fittings 
and that grounding fittings must be used on three-conductor cords. 
General UL construction specifications on fittings (Section 9.3 of UL 
817) require that polarized outlets must reject improper or reversed 
insertion of polarized plugs to reduce the risk of shock. Proper 
polarization, as required by sections 9, 19, 31, and 32 of UL 817, is a 
readily observable characteristic of extension cords, which can be 
observed by visually inspecting the plug for the polarized 
configuration. 80 FR at 5706.
4. Proper Continuity
    Section 16 of UL 817 requires that corresponding terminals of line 
(plug) and load (outlet) fittings must be connected to the same 
conductor of the cord. Section 105 of UL 817 prescribes testing 
requirements for all manufactured extension cords so that the 
conductors are connected to the intended terminals of the fittings, and 
that electrical continuity exists throughout the entire length of the 
conductor/contact assembly. The wires of an extension cord must form 
continuous paths from one end to the other so that the cord can serve 
its intended function. Each wire in the cord also must be properly 
connected on each end so that, for example, the grounding pin of the 
plug on a three-wire cord is connected to the grounding socket on the 
outlet, and the energized blade on the plug is not wired to the non-
energized receptacle on the outlet. Proper continuity, as required by 
sections 16 and 105 of UL 817, is a readily observable characteristic 
of extension cords that can be visually observed using an inexpensive 
and readily available battery-light continuity tester. 80 FR at 5705-
07.
5. Outlet Covers (2-Wire Indoor Extension Cords)
    Section 26.7 of UL 817 requires that an indoor 2-wire parallel 
extension cord with polarized parallel-blade and -slot fittings that 
has more than one outlet must have covers for all the additional 
outlets. Outlet covers on indoor 2-wire parallel extension cords with 
polarized parallel-blade and -slot fittings, as required in section 26 
of UL 817, are a readily observable characteristic of indoor extension 
cords, which can be observed by visually inspecting additional outlets 
for the presence of covers.
6. Jacketed Cords (Outdoor Extension Cords)
    Section 30 of UL 817 requires that extension cords for outdoor use 
be manufactured using jacketed flexible cord; that is, a cord 
consisting of two or three insulated wires covered by an additional 
flexible plastic or rubber jacket. Jacketed cord on outdoor extension 
cords, as required in section 30 of UL 817, is a readily observable 
characteristic of outdoor extension cords that can be observed by 
visually inspecting for the presence of a jacketed cord.

B. Conformance to UL 817 Has Been Effective in Reducing the Risk of 
Injury

    Conformance to sections 2, 9, 16, 19, 20, 21, 26, 30, 31, 32, 84, 
and 105 of UL 817, as summarized in Table 2 in section I.D of this 
preamble, has been effective in reducing the risk of injury from shock 
and fire associated with

[[Page 44267]]

extension cords. CPSC's incident data suggest that conformance to UL 
817 has coincided with, and may have contributed to, a decline in the 
risk of injury associated with extension cords. See Tab A of Staff's 
Final Rule Briefing Package.
    The preamble to the NPR reviewed the reported death and nonfatal 
incident data from 1980 through 2013, which demonstrated a decline 
during that period. 80 FR at 5708-09. Table 3 in section I.E.2 of this 
preamble shows the annual average number of reported incidents for five 
different periods for each of fatal incidents, deaths, and nonfatal 
incidents. The 35-year period is broken up into five 7-year periods. 
Reporting may not be complete for the most recent period because 
sometimes, CPSC receives reports of incidents years after they have 
occurred. Table 3 shows an overall decrease in the number of reported 
fire and shock incidents associated with extension cords, including 
fatal incidents, deaths, and nonfatal incidents, since the 1980s and 
early 1990s.

C. Extension Cords Substantially Comply With UL 817

    The Commission has not articulated a bright-line rule for 
substantial compliance. Rather, in the rulemaking context, the 
Commission has stated that the determination of substantial compliance 
should be made on a case-by-case basis. Extension cord compliance with 
UL 817 is ``substantial,'' as that term is used in section 15(j) of the 
CPSA. The Commission estimates that a majority of extension cords, 
likely in excess of 90 percent, sold for consumer use in the United 
States, conforms to UL 817. See 80 FR at 5709-10. Since issuing the 
NPR, CPSC has not received any information in the comments, or 
otherwise, that would change the estimated level of compliance with UL 
817.

IV. Description of the Final Rule

    The rule regarding extension cords creates two new paragraphs in 
part 1120: One defines the products covered by the rule and the other 
states the characteristics that must be present for the products not to 
present a substantial product hazard. Two minor clarifications have 
been made in the final rule: (1) In Sec.  1120.3(d)(1), deletion of the 
erroneous citation to section 31 of UL 817, and (2) in Sec.  
1120.3(d)(6), replacement of the phrase ``jacketed insulated cord'' 
with ``jacketed cord.'' Neither clarification is intended to change the 
scope or substance of the rule.
    Definition. Section 1120.2(e) defines an ``extension cord,'' also 
known as a ``cord set,'' as a length of factory-assembled flexible cord 
with an attachment plug or current tap as a line fitting and with a 
cord connector as a load fitting. Extension cords are used for 
extending a branch circuit supply of an electrical outlet to the power-
supply cord of a portable appliance, in accordance with the National 
Electrical Code.[supreg] As defined in the rule, the term applies to 
extension cords that are equipped with National Electrical Manufacturer 
Association (NEMA) 1-15, 5-15 and 5-20 fittings, and that are intended 
for indoor use only, or for both indoor and outdoor use. The term 
``extension cord'' does not include detachable power supply cords, 
appliance cords, power strips and taps, and adaptor cords supplied with 
outdoor tools and yard equipment.
    This definition is adapted from descriptions of extension cords 
defined in section 1 of UL 817. The rule includes indoor and outdoor 
general-use extension cords that can be used with many different types 
of electrical products. All in-scope products are covered by UL 817. 
Excluded from the definition are detachable power supply and appliance 
cords and adaptor cords supplied with outdoor tools and yard equipment 
because these are specific-purpose cords, rather than general-use 
cords. The products that are not covered by the rule are not subject to 
UL 817, or they do not present the same risks of injury.
    Substantial product hazard list. Section 1120.3(d) states that 
extension cords that lack the identified characteristics in accordance 
with the requirements specified in the relevant sections of UL 817 
(sections 2, 9, 16, 19, 20, 21, 26, 30, 31, 32, 84, and 105) are deemed 
a substantial product hazard under section 15(a)(2) of the CPSA:
     Minimum wire size requirements in sections 2, 20, 21, and 
30 of UL 817;
     Sufficient strain relief requirements in sections 20, 30, 
and 84 of UL 817;
     Proper polarization requirements in sections 9, 19, 20, 
30, 31, and 32 of UL 817;
     Proper continuity requirements in sections 16, 20, 30, and 
105 of UL 817;
     Outlet cover requirement (for indoor 2-wire parallel 
extension cords with polarized parallel-blade and -slot fittings) in 
sections 20 and 26 of UL 817; or
     Jacketed cord requirement (for outdoor use extension 
cords) in section 30 of UL 817.
    These characteristics and the UL 817 requirements are explained in 
more detail in sections I.D (Table 2) and III.A of this preamble.
    Standards incorporated by reference. At the request of the Office 
of the Federal Register (``OFR''), the Commission made a formatting 
change to part 1120 in the final rule for seasonal and decorative 
lighting products, 80 FR 25216. This change created a new section, 
1120.4, listing all of the incorporations by reference (``IBR'') for 
products added to the substantial product hazard list. The IBR for 
extension cords is included in a new Sec.  1120.4(c)(4).
    Incorporation by reference. The OFR has regulations concerning 
incorporation by reference. 1 CFR part 51. The OFR recently revised 
these regulations to require that, for a final rule, agencies must 
discuss, in the preamble of the rule, ways that the materials the 
agency incorporates by reference are reasonably available to interested 
persons and how interested parties can obtain the materials. In 
addition, the preamble of the rule must summarize the material. 1 CFR 
51.5(b).
    In accordance with the OFR's requirements, Table 2 in section I.D 
of this preamble summarizes the requirements of UL 817. Interested 
persons may purchase a copy of UL 817 from UL, either through UL's Web 
site, www.UL.com, or by mail at the address provided in the rule. A 
copy of the standard also can be inspected at the CPSC's Office of the 
Secretary, U.S. Consumer Product Safety Commission, or at NARA, as 
provided in the rule.

V. Commission Determination That Extension Cords That Lack Any One of 
Five Applicable Readily Observable Characteristics Present a 
Substantial Product Hazard

    To place a product (or class of products) on the list of 
substantial product hazards pursuant to section 15(j) of the CPSA, the 
Commission must determine that: (1) The characteristics involved are 
``readily observable''; (2) the characteristics are addressed by a 
voluntary standard; (3) the voluntary standard is effective in reducing 
the risk of injury associated with the consumer products; and (4) 
products are in substantial compliance with the voluntary standard. 
Accordingly, based on the information provided in this rulemaking, for 
extension cords, the Commission determines that:
     Minimum wire size, sufficient strain relief, proper 
polarization, proper continuity, outlet covers for 2-wire indoor 
extension cords, and jacketed cords for outdoor extension cords, are 
all readily observable characteristics of extension cords. Proper 
polarization,

[[Page 44268]]

outlet covers, and jacketed cords are all visually observable 
characteristics of an extension cord. Measurement of minimum wire size, 
sufficient strain relief, and proper continuity can be readily 
conducted and visually observed;
     the identified readily observable safety characteristics 
for extension cords are addressed in the following sections of a 
voluntary standard, UL 817:
    [cir] Minimum wire size--sections 2, 20, 21, and 30;
    [cir] Sufficient strain relief--sections 20, 30, and 84;
    [cir] Proper polarization--9, 19, 20, 30, 31, and 32;
    [cir] Proper continuity--sections 16, 20, 30, and 105;
    [cir] Outlet cover (for indoor 2-wire parallel extension cords with 
polarized parallel-blade and -slot fittings)--sections 20 and 26;
    [cir] Jacketed cord (for outdoor use extension cords)--section 30;
     conformance to UL 817 has been effective in reducing the 
risk of injury from shock and fire associated with extension cords. For 
example, the annual average reported deaths associated with extension 
cords from 1980 to 1986 was 47.7, and the annual average number of 
reported non-fatal incidents during the same time period was 201. These 
death and injury averages have declined over the years. In the most 
recent 7-year period, from 2008 to 2014, the annual average number of 
reported deaths fell to 17.6, and the annual average number of reported 
nonfatal incidents fell to 65.7. Although decreasing numbers of death 
and injury may be a result of several factors, conformance with UL 817 
coincided with, and likely contributed to, the decline in deaths and 
injuries associated with extension cords; and
     extension cords sold in the United States substantially 
comply with UL 817. We estimate that more than 90 percent of the 
extension cords for sale in the United States comply with the readily 
observable safety characteristics addressed in UL 817: Minimum wire 
size, sufficient strain relief, proper polarization, proper continuity, 
outlet covers for 2-wire indoor cords, and jacketed cords for outdoor 
extension cords.

VI. Effect of the 15(j) Rule

    Section 15(j) of the CPSA allows the Commission to issue a rule 
specifying that a consumer product or class of consumer products has 
characteristics whose presence or absence creates a substantial product 
hazard. A rule under section 15(j) of the CPSA is not a consumer 
product safety rule, and thus, does not create a mandatory standard 
that triggers testing or certification requirements under section 14(a) 
of the CPSA.
    Although a rule issued under section 15(j) of the CPSA is not a 
consumer product safety rule, placing a consumer product on the 
substantial product hazard list in 16 CFR part 1120 has some 
ramifications. A product that is or has a substantial product hazard is 
subject to the reporting requirements of section 15(b) of the CPSA, 15 
U.S.C. 2064(b). A manufacturer, importer, distributor, or retailer that 
fails to report a substantial product hazard to the Commission is 
subject to civil penalties under section 20 of the CPSA, 15 U.S.C. 
2069, and possibly to criminal penalties under section 21 of the CPSA, 
15 U.S.C. 2070.
    A product that is or contains a substantial product hazard is also 
subject to corrective action under sections 15(c) and (d) of the CPSA, 
15 U.S.C. 2064(c) and (d). Thus, a rule issued under section 15(j) for 
extension cords allows the Commission to order that a manufacturer, 
importer, distributor, or retailer of extension cords that do not 
contain one or more of the applicable readily observable 
characteristics must offer to repair or replace the product, or refund 
the purchase price to the consumer.
    A product that is offered for import into the United States and is 
or contains a substantial product hazard shall be refused admission 
into the United States under section 17(a) of the CPSA, 15 U.S.C. 
2066(a). Additionally, CBP has the authority to seize certain products 
offered for import under the Tariff Act of 1930 (19 U.S.C. 1595a) 
(``Tariff Act''), and to assess civil penalties that CBP, by law, is 
authorized to impose. Section 1595a(c)(2)(A) of the Tariff Act states 
that CBP may seize merchandise, and such merchandize may be forfeited 
if: ``its importation or entry is subject to any restriction or 
prohibition which is imposed by law relating to health, safety, or 
conservation and the merchandise is not in compliance with the 
applicable rule, regulation, or statute.''

VII. Regulatory Flexibility Act Analysis

    The Regulatory Flexibility Act (``RFA'') requires that proposed and 
final rules be reviewed for the potential economic impact on small 
entities, including small businesses. 5 U.S.C. 601-612. In the preamble 
to the proposed rule (80 FR at 5711-12) the Commission certified that 
the rule will not have a significant economic impact on a substantial 
number of small entities. The Commission received no comments on the 
RFA analysis presented in the NPR, and we have not found any data that 
would alter that analysis.

VIII. Environmental Considerations

    Generally, the Commission's regulations are considered to have 
little or no potential for affecting the human environment, and 
environmental assessments and impact statements are not usually 
required. See 16 CFR 1021.5(a). The final rule to deem extension cords 
that do not contain one or more of five applicable readily observable 
characteristics to be a substantial product hazard will not have an 
adverse impact on the environment and is considered to fall within the 
``categorical exclusion'' for purposes of the National Environmental 
Policy Act. 16 CFR 1021.5(c).

IX. Paperwork Reduction Act

    The rule does not require any stakeholder to create, maintain, or 
disclose information. Thus, no paperwork burden is associated with this 
final rule, and the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520) does not apply.

X. Preemption

    A rule under section 15(j) of the CPSA does not establish a 
consumer product safety rule. Accordingly, the preemption provisions in 
section 26(a) of the CPSA, 15 U.S.C. 2075(a), do not apply to this 
rule.

XI. Effective Date

    The preamble to the proposed rule stated that a final rule deeming 
that extension cords that do not conform to the specified sections of 
UL 817 regarding minimum wire size, sufficient strain relief, proper 
polarization, proper continuity, outlet covers (for 2-wire indoor 
extension cords), and jacketed cord (for outdoor extension cords), are 
a substantial product hazard be effective 30 days after publication of 
a final rule in the Federal Register. We received no comments on the 
effective date. Accordingly, the final rule will apply to extension 
cords imported or introduced into commerce on August 26, 2015.

List of Subjects in 16 CFR Part 1120

    Administrative practice and procedure, Clothing, Consumer 
protection, Cord sets, Extension cords, Household appliances, Imports, 
Incorporation by reference, Infants and children, Lighting.

    For the reasons stated above, and under the authority of 15 U.S.C. 
2064(j), 5 U.S.C. 553, and section 3 of Public Law 110-314, 122 Stat. 
3016 (August

[[Page 44269]]

14, 2008), the Consumer Product Safety Commission amends 16 CFR part 
1120 to read as follows:

PART 1120--SUBSTANTIAL PRODUCT HAZARD LIST

0
1. The authority citation for part 1120 continues to read as follows:

    Authority: 15 U.S.C. 2064(j).


0
2. In Sec.  1120.2, add paragraph (e) to read as follows:


Sec.  1120.2  Definitions.

* * * * *
    (e) Extension cord (also known as a cord set) means a length of 
factory-assembled flexible cord with an attachment plug or current tap 
as a line fitting and with a cord connector as a load fitting. 
Extension cords are used for extending a branch circuit supply of an 
electrical outlet to the power-supply cord of a portable appliance, in 
accordance with the National Electrical Code.[supreg] For purposes of 
this rule, the term applies to extension cords that are equipped with 
National Electrical Manufacturer Association (``NEMA'') 1-15, 5-15 and 
5-20 fittings, and that are intended for indoor use only, or for both 
indoor and outdoor use. The term ``extension cord'' does not include 
detachable power supply cords, appliance cords, power strips and taps, 
and adaptor cords supplied with outdoor tools and yard equipment.

0
3. In Sec.  1120.3, add paragraph (d) to read as follows:


Sec.  1120.3  Products deemed to be substantial product hazards.

* * * * *
    (d) Extension cords that lack one or more of the following 
specified characteristics in conformance with requirements in sections 
2, 9, 16, 19, 20, 21, 26, 30, 31, 32, 84, and 105 of UL 817 
(incorporated by reference, see Sec.  1120.4):
    (1) Minimum wire size requirement in sections 2, 20, 21, and 30 of 
UL 817;
    (2) Sufficient strain relief requirement in sections 20, 30, and 84 
of UL 817;
    (3) Proper polarization requirement in sections 9, 19, 20, 30, 31, 
and 32 of UL 817;
    (4) Proper continuity requirement in sections 16, 20, 30, and 105 
of UL 817;
    (5) Outlet cover requirement (for indoor 2-wire parallel extension 
cords with polarized parallel-blade and -slot fittings) in sections 20 
and 26 of UL 817; or
    (6) Jacketed cord requirement (for outdoor use extension cords) in 
section 30 of UL 817.

0
4. In Sec.  1120.4, add paragraph (c)(4) to read as follows:


Sec.  1120.4  Standards incorporated by reference.

* * * * *
    (c) * * *
    (4) UL 817, Standard for Cord Sets and Power-Supply Cords, 11th 
Edition, dated March 16, 2001, as revised through February 3, 2014 
(``UL 817''), IBR approved for Sec.  1120.3(d).

    Dated: July 22, 2015.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2015-18294 Filed 7-24-15; 8:45 am]
 BILLING CODE 6355-01-P